Eleanor Finch
The Indian Constitution, a compilation of laws pertaining to the country and the union of states and union territories, deals with union territories in Part VIII, which covers Articles 239 to 242. This part of the constitution outlines the administration of union territories, including the appointment of a lieutenant governor or administrator by the President for their governance. The union territories are directly governed by the Central Government, and currently, India has eight union territories, including Delhi, Andaman and Nicobar, Chandigarh, Jammu and Kashmir, Ladakh, and Puducherry. The constitution also provides a mechanism for making changes to the states or union territories, with Articles 1 to 4 in Part I addressing the union and its territory.
| Characteristics | Values |
|---|---|
| Number of Articles | 4 |
| Article Numbers | 1-4 |
| Function | Deals with the Union and its territories, providing a mechanism for making changes in the constitution of states or union territories of the Union of India |
| Administration of Union Territories | The President shall administer the UT and shall appoint an administrator for every UT |
| Governor's Role | A governor of an adjoining state can also be appointed as an administrator of the adjoining UT and shall administer that UT independently |
| High Courts | Parliament may by law provide for the constitution of High Courts for UTs |
| Jurisdiction | Parliament has the power to extend or exclude the jurisdiction of a High Court for a state and UT |
| New States | Article 2 grants Parliament the power to admit new states into the Union or establish new states |
| Formation of New States | A new state may be formed or established by the Parliament by the separation of territory from any state or uniting two or more parts or parts of states |
| Laws | Article 4 declares that the laws made for admission or establishment of new states are not to be considered as amendments of the Constitution under Article 368 |
| Current Number of Union Territories | 8 |
| Names of Union Territories | Delhi, Andaman and Nicobar, Chandigarh, Dadra and Nagar Haveli and Daman and Diu, Jammu and Kashmir, Ladakh, Lakshadweep, and Puducherry |
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What You'll Learn
- The Constitution of India defines the country as a 'Union of States'
- Union Territories are directly governed by the Central Government
- The President appoints an administrator for each Union Territory
- The Parliament has the power to admit or establish new states
- The laws for the admission of new states are not considered amendments to the Constitution
The Constitution of India defines the country as a 'Union of States'
The Constitution of India, in Part I, Articles 1 to 4, defines the country as a 'Union of States', also referred to as the Union of India. This section of the constitution deals with the Union and its territories, providing a mechanism for making changes to the constitution of states or union territories. The 'Union of States' phrase was chosen over 'Federation of States' to ensure that states did not have the right to secede from India, and to clarify that the Indian Federation is not the result of an agreement between states, as is the case with the American Federation.
The Territory of India includes not only the States but also the Union Territories and any other territories acquired by India. At the time the constitution came into effect, the Union of India consisted of four categories of states (Part A, B, C, and D). However, these categories were reorganised over time, and currently, there are 28 states and 8 union territories. The First Schedule of the COI contains the names and territorial extent of the states and union territories.
The Union Territories are directly governed by the Central Government, and a Lieutenant Governor or Administrator is appointed by the President for their administration. The President also has the power to repeal or amend any Act made by Parliament that is applicable to the Union Territory. Notably, the Union Territory of Delhi, also known as the National Capital Territory of Delhi (NCT), is administered by a Lieutenant Governor and has a Legislative Assembly with seats filled by direct election.
Articles 2 and 3 of the Constitution empower Parliament to admit new states into the Union and establish new states, respectively. These articles also address the formation of new states and the alteration of areas, boundaries, or names of existing states. Article 4 clarifies that laws made under Articles 2 and 3 are not considered amendments to the Constitution and can be passed by a simple majority.
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Union Territories are directly governed by the Central Government
The Indian Constitution, adopted in 1949, initially included Part C states, which were chief commissioners' provinces and some princely states, each governed by a chief commissioner appointed by the President of India. The concept of Union Territories (UTs) was introduced by the Constitution (Seventh Amendment) Act in 1956, which combined the Part C and D states into a single category of "Union territory".
The governance structure of Union Territories varies significantly from that of states. Most UTs lack political autonomy and are administered by officials appointed by the central government. However, some UTs, like Delhi and Puducherry, enjoy a degree of self-governance with their own legislatures and elected representatives.
As of mid-2020, there were eight Union Territories in India: Delhi, Jammu and Kashmir, Puducherry, Andaman and Nicobar Islands, Chandigarh, Dadra and Nagar Haveli and Daman and Diu, Lakshadweep, and Ladakh. The classification and number of Union Territories have changed over time due to various reorganisations and political conditions.
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The President appoints an administrator for each Union Territory
The Indian Constitution of 1950 outlines the country as a '
The Indian Constitution's Part VIII, which covers Articles 239 to 242, deals specifically with Union Territories. Article 239 states that the President shall administer the UT and appoint an administrator for each UT. This article also covers the creation of Local Legislatures or Council of Ministers or both for certain Union Territories.
The number of Union Territories in India has changed over time due to political and popular pressure. In 1956, there were 6 union territories, but as of 2024, there are 8 UTs: Delhi, Andaman and Nicobar, Chandigarh, Dadra and Nagar Haveli and Daman and Diu, Jammu and Kashmir, Ladakh, Lakshadweep, and Puducherry.
The Berubari Union Case (1960) affirmed that Indian territory cannot be ceded to a foreign country without amending the Constitution under Article 368. Additionally, the 69th Constitutional Amendment Act of 1991 designated the UT of Delhi as the National Capital Territory of Delhi (NCT), which is administered by a Lieutenant Governor and has a Legislative Assembly.
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The Parliament has the power to admit or establish new states
The Indian Constitution, specifically Article 2, grants the Parliament two powers: the power to admit into the Union of India new states and the power to establish new states. The former refers to states that are already duly established and in existence, while the latter involves the formation of a new state. This article gives Parliament complete discretion to act as it sees fit.
The Parliament can establish a new state in several ways. It can separate the territory from any state or unite two or more states or parts of states. For example, the State Reorganization Act of 1956 and the 7th Constitutional Amendment Act of 1956 ended the distinction between Part A and Part B states and abolished Part C states, resulting in the creation of 14 states and 6 union territories. The Jammu and Kashmir Reorganization Act of 2019 is another example, which bifurcated the state into two union territories: Jammu and Kashmir (with a legislature) and Ladakh (without a legislature).
The laws for the admission or establishment of new states, as outlined in Articles 2 and 3, do not constitute amendments to the Constitution under Article 368. Instead, they can be passed by a simple majority through the ordinary legislative process. This means that the Parliament has the authority to make decisions on the admission and establishment of new states without needing to follow a special procedure.
The Indian Constitution also provides for the administration of union territories (UTs) in Part VIII, Articles 239 to 242. UTs are governed directly by the Central Government, and the President appoints an administrator for each UT. In some cases, a governor of an adjoining state can also be appointed as an administrator of the UT. Additionally, the Parliament has the power to extend or exclude the jurisdiction of a High Court for a state and UT.
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The laws for the admission of new states are not considered amendments to the Constitution
The Indian Constitution, specifically Article 1, defines India as a 'Union of States'. This means that while the country is described as a Union, it is federal in structure. The use of the phrase 'Union of States' instead of a 'Federation of States' clarifies that the individual states do not have the right to secede from India.
Article 2 of the Indian Constitution empowers Parliament to make laws to admit or establish new states to the Union. It grants Parliament two powers: the power to admit new, already established states into the Union, and the power to establish new states that were not previously in existence. Article 3 further explains that a new state may be formed by the Parliament by separating the territory from any state or by uniting two or more parts or parts of states.
Article 4 declares that the laws made for the admission or establishment of new states are not to be considered amendments to the Constitution. These laws can be passed by a simple majority and through the ordinary legislative process. This means that the process of admitting or establishing a new state does not require a formal amendment to the Constitution.
The Constitution of India also outlines the administration of Union Territories (UTs), which are governed directly by the Central Government. The President shall appoint an administrator for each UT, and in some cases, a governor of an adjoining state can also be appointed as an administrator of the UT. The Union Territories of India include Delhi, Andaman and Nicobar, Chandigarh, Dadra and Nagar Haveli and Daman and Diu, Jammu and Kashmir, Ladakh, Lakshadweep, and Puducherry.
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